The Basics of Copyrights in Photography in South Africa.

A copyright is an exclusive right of ownership granted by the law for a limited period to the person who created (“the creator”) an original work.
The Basics of Copyrights in Photography in South Africa. Sandenbergh Vosloo Attorneys

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Copyrights? Let us start at the beginning…

So let’s talk about the Basics of Copyrights in Photography in South Africa. A copyright is an exclusive right of ownership granted by the law for a limited period to the person who created (“the creator”) an original work. Copyright does not need to be registered, except for cinematograph films.
Copyright does not apply to a thought or idea or concept for an image it must be physically manifested work (like a photograph (both in digital or print format)) for copyright to apply. Once created (manifested), it applies automatically.]

So the photographer is always the owner? NO

In some instances, the copyright will vest in the person responsible for the artistic input like lighting, set layout, styling etc and not the person who presses the shutter release on the camera.
In South Africa commissioned photographs are owned by the commissioner (client). This means freelance photographers have no automatic rights to their work. It is therefore critical to get a written agreement between the client and photographer to deal with the rights the photographer has in these commissioned works.

Can a Copyright expire? YES

Copyright in photography is valid for 50 years from when an image was made public or the first date of publication. Once expired it becomes public property.
50 years from the end of the year in which the work is made publicly available, or the end of the year in which the work is first published, whichever is longer.

Is my work created in South Africa protected internationally? NOT ALWAYS

South Africa is a signatory country to Berne Convention and TRIPS Agreement, copyright works protected in South Africa are also protected in other member countries (signatories). There are countries in which your works may not be protected.

When can I add a copyright logo to my image? RIGHT NOW

If you are the creator and no contract you signed prevents you from doing so, then you can add the copyright logo to any image. It serves as a reminder to those who see it, that you as the creator, reserves the rights on the use of the image.
Accompany the copyright symbol © with the owner’s name, the year it was first made public or published and which rights are reserved.

Disclaimer
The information set out herein is provided for general information purposes only and should not be construed as legal advice from any lawyer or representative of our firm.
Professional advice should therefore be sought before any action is taken based on the information displayed on herein.
Sandenbergh Vosloo Attorneys do not accept any responsibility for actions taken without due consultation and no person shall have any claim of any nature whatsoever arising out of, or in connection with, the contents hereof against Sandenbergh Vosloo Attorneys and/or any of its partners and/or employees.

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